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The Claim Attorney
The Claim Attorney
Law Office of Michael P. Bowman

Termite Damage: First Steps for Texas and Alabama Homeowners

A Checklist for Texas and Alabama Homeowners

Termite damage is usually discovered long after it started, and by then the question is rarely “is there damage?” It is “who inspected, what did they report, what were they paid to do, and what did they promise?” I was formerly licensed in Florida as a home inspector and a contractor, and I have seen how quickly the paper trail disappears once repairs begin. Protect the evidence and the records first.

1. Document What You Found

  • Photograph and video before you touch anything: mud tubes, frass, swarmers, wings, blistered or hollow wood, sagging floors, sticking doors.
  • Shoot wide, then medium, then close-up with a ruler or coin for scale. Keep the originals with their date data intact.
  • Photograph the location in context — which wall, which room, which side of the house, near which plumbing penetration.
  • Write down the date and how you discovered it, and who else saw it.
  • Check and photograph the areas people forget: crawlspace, attic, sill plates, door frames, baseboards, window sills, garage, deck posts, and any wood touching soil.

2. Find the Paperwork

  • The inspection report from your purchase — in Alabama, the Official Alabama Wood Infestation Inspection Report; in Texas, the wood-destroying-insect report used at closing.
  • Every treatment contract, termite bond, or warranty, front and back, including the exclusions and the arbitration clause.
  • The full renewal history: every invoice, every payment, every renewal notice. A lapse in renewal is the first defense you will hear.
  • All annual or periodic re-inspection reports and graphs showing where treatment was applied.
  • Any prior claim, retreatment, or repair correspondence with the pest control company.
  • Closing documents, seller’s disclosure, and the buyer’s inspection report from when you bought the home.

Ask for the records now, in writing. In Alabama, the Official Alabama Wood Infestation Inspection Report may be completed and issued only by a person certified and permitted for that category of structural pest control work, and the permittee is required to keep a copy in its files for one year. Ala. Admin. Code r. 80-10-9-.18(1)–(2). If you wait, the company may no longer have it. In Texas, structural pest control is regulated by the Texas Department of Agriculture under Chapter 1951 of the Occupations Code; ask the company and the agency for what they hold.

3. Notify the Right Parties in Writing

  • The pest control company that issued the bond, warranty, or inspection report — by certified mail, return receipt requested, plus email.
  • Your homeowners insurer, if you believe any part of the loss may be covered. Most policies exclude insect damage, but collapse, water, or ensuing-loss provisions sometimes matter.
  • The seller or the seller’s agent, if the damage predates your purchase and was not disclosed.
  • Your mortgage servicer, if the structure is compromised.
  • Keep a copy of every notice, the certified mail receipt, and the green card.

4. Preserve the Evidence

  • Do not let anyone repair, replace, treat, or demolish the damaged area until it has been photographed and, if possible, inspected by someone you hired.
  • If emergency work is unavoidable, photograph everything first and keep the removed material, labeled and bagged.
  • Get an independent inspection — a licensed pest control operator, a structural engineer, or both — before demolition.
  • Beware of a free “we will take care of it” retreatment that quietly removes the proof and restarts the clock. Get the scope in writing before anyone starts.
  • Keep all receipts for inspections, treatment, temporary repairs, and lodging.

5. Deadlines Matter

  • Texas. Claims for injury to property are generally two years (Tex. Civ. Prac. & Rem. Code § 16.003(a)); DTPA claims are two years (Tex. Bus. & Com. Code § 17.565); contract claims are generally four years (§ 16.051).
  • Alabama. Tort claims not otherwise listed must be brought within two years (Ala. Code § 6-2-38(l)); actions founded on a written promise not under seal must be brought within six years (§ 6-2-34).
  • Your bond or contract may contain its own notice requirement, claim procedure, or arbitration clause with a shorter deadline. Read it before you do anything else.
  • When a claim accrues in a termite case can be disputed, and the answer depends on the facts. Do not assume you have time.

Your initial case review is free. Call (850) 572-8784 or email info@claimattorney.com.

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This guide is general information for Texas and Alabama residents, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and policy terms vary, and results depend on the facts of each case. Michael P. Bowman is licensed to practice law in Texas and Alabama only. Responsible attorney: Michael P. Bowman, Law Office of Michael P. Bowman PLLC, Austin, Texas. Questions? Call (850) 572-8784 or visit www.claimattorney.com.